Having to make the decision to take away your loved one’s legal freedom for their own protection is a difficult task, even if you know it is the right thing to do. A guardian is a person or institution designated by the court to handle the affairs of another person, known as the ward. This can include choices regarding his or her physical, medical, and financial needs. It may seem unfair and uncomfortable to manage your loved one’s affairs; however, this is often the cycle of life as people age or as children lose their parents. Making the decision to establish guardianship can seem overwhelming for those who have little experience in the legal field. Below is a list of common questions to ensure that you have the answers you are looking for before making any life-changing decisions.

What Are the Different Types of Guardianship?

There are two basic types of guardianship to ensure that a person’s individual needs are met. Guardianship of a person is established when an individual is unable to make or communicate decisions for his or her personal care. This is typically associated with medical needs as a person gets older. If the ward is unable to make responsible decisions regarding medical services, social services, living situations, or other personal needs, a guardian may be named to assist with this process.

Estate guardianships focus on the financial needs of the ward. If a person has difficulties making or communicating decisions about financial affairs, a legal guardian will assist him or her to ensure that his or her legacy does not get lost along the way.

People who find themselves in abusive relationships can feel trapped and helpless. From the outside, leaving one's abuser may seem like the obvious answer. However, things are not always so cut and dry. One of the most common fears of those looking to escape an abusive relationship is a potential violent backlash from their partner, as well as concerns about how to support themselves financially and ensure their children's safety. These are real fears, and they can make someone stay in a dangerous relationship to avoid the possible consequences. For individuals who find themselves trapped in an abusive relationship, options are available to protect them. Illinois offers its residents orders of protection to keep them safe from abusers who may harm them.

What Can an Order of Protection Do?

Many may have heard of an “order of protection” under a different name -- a restraining order. This is not the correct legal term; however, this colloquial term is often used by those who are outside of the legal or law enforcement fields. An order of protection is a legal mandate that restricts an abuser from coming in contact with his or her victim(s). In Illinois, orders of protection are available to family or household members, and they hold a lot of power once they are granted. Many think that an order of protection simply bans one person from seeing another, but there are many other stipulations that can be tied to the court mandate depending on the situation. An order of protection may do the following:

For many people, the identity of a child’s father is not established through an official legal process, but is instead assumed due to the parents' marital status. That is, a man is known to be a father because he is married to the child's mother. While this may be the case for the majority of dads, there are instances in which a child’s father must be legally identified. This is known as establishing paternity. In many cases, parents will forego establishing paternity to avoid making changes to their current lifestyle. However, these fathers often do not know the benefits and rights tied to establishing paternity.

Paternity Benefits

Establishing paternity comes with many benefits, some of which are personal, while others are financial. On a personal note, a child knowing his or her father can be important to the child’s identity and peace of mind. Some kids wish to know their father and build a relationship with him. Others simply need the information for a better sense of personal identity and to mitigate the uneasiness of not knowing their other parent. Knowing the identity of the biological father is also important for access to the father’s medical history. This can be helpful in predicting possible medical issues that come from the father’s bloodline.

The relationship between a stepparent and a stepchild is unique for every family. Some stepparents will take on a strong parenting role, while others remain a neutral party. For those who view their stepchildren as their own, adoption can be the final piece to the puzzle. This grants them legal rights over the child and can make a stepparent feel more like a “real” parent to the child. Adoption is always a lengthy process, but stepparent adoptions can be especially time-consuming if the child’s other biological parent is alive. Below is a breakdown of the step-by-step process.

The Legal Process

Find an Adoption Attorney - Before starting any legal process, your first step should be to hire a qualified attorney. Adoption attorneys are especially important to ensure that nothing goes wrong during the proceedings. Without professional assistance, the adoption process can take much longer than anticipated, and some courts require legal representation in adoption cases. Finding an attorney who is well-versed in Illinois’ adoption laws will make you feel more secure about the legal process, allowing you to focus on other parts of the adoption.

Families relocate now more than ever before. The modern improvements in technology and transportation make it easier for families to move and keep in touch after relocating. Many divorced couples will choose to do this to help themselves move on from their previous marriage. However, while adults have the right to choose when and where they move, the court has a say in all relocation cases involving children. There are three common situations in which court approval may need to be obtained for child relocation: when a parent moves at the time of the divorce, when a parent moves after the divorce, and when an unwed parent chooses to relocate. Married or not, adults who share children together must get permission from the court if their planned move could potentially affect their existing child custody and parenting time agreements or their child's relationship with the other parent.

What Factors Will the Court Review?

When a parent petitions the court for permission to relocate, or when a parent seeks to prohibit their former partner from moving with their child, the court will determine whether the planned move is in the child's best interests. In most cases, a judge will seek to protect both parents’ rights to spend time with their child. For most children, having both parents in their lives is beneficial, and this idea can affect the court’s ruling on relocation. However, if a child has been exposed to domestic abuse, or if parents continue to argue regularly, relocation may be the best thing that will allow the child to flourish in a conflict-free environment.

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